Article I, Connecticut Constitution

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Connecticut Constitution
Seal of Connecticut.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Article I of the Connecticut Constitution is entitled Declaration of Rights. It has a preamble and 20 sections.

Amendments to Article I

Preamble

Text of Preamble:

That the great and essential principles of liberty and free government may be recognized and established,[1]

WE DECLARE:

Section 1

Text of Section 1:

All men when they form a social compact, are equal in rights; and no man or set of men are entitled to exclusive public emoluments or privileges from the community.[1]

Section 2

Text of Section 2:

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.[1]

Section 3

Text of Section 3:

The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in the state; provided, that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state.[1]

Section 4

Text of Section 4:

Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.[1]

Section 5

Text of Section 5:

No law shall ever be passed to curtail or restrain the liberty of speech or of the press.[1]

Section 6

Text of Section 6:

In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have the right to determine the law and the facts, under the direction of the court.[1]

Section 7

Text of Section 7:

The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.[1]

Section 8

Text of Section 8:

a. In all Criminal prosecutions, the accused shall have a right to be heard by himself and by counsel; to be informed of the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his behalf; to be released on bail upon sufficient security, except in capital offenses, where the proof is evident or the presumption great; and in all prosecutions by information, to a speedy, public trial by an impartial jury. No person shall be compelled to give evidence against himself, nor be deprived of life, liberty or property without due process of law, nor shall excessive bail be required nor excessive fines imposed. No person shall be held to answer for any crime, punishable by death or life imprisonment, unless upon probable cause shown at a hearing in accordance with procedures prescribed by law, except in the armed forces, or in the militia when in actual service in time of war or public danger.

b. In all criminal prosecutions, a victim, as the general assembly may define by law, shall have the following rights: (1) the right to be treated with fairness and respect throughout the criminal justice process; (2) the right to timely disposition of the case following arrest of the accused, provided no right of the accused is abridged; (3) the right to be reasonably protected from the accused throughout the criminal justice process; (4) the right to notification of court proceedings; (5) the right to attend the trial and all other court proceedings the accused has the right to attend, unless such person is to testify and the court determines that such person's testimony would be materially affected if such person hears other testimony; (6) the right to communicate with the prosecution; (7) the right to object to or support any plea agreement entered into by the accused and the prosecution and to make a statement to the court prior to the acceptance by the court of the plea of guilty or nolo contendere by the accused; (8) the right to make a statement to the court at sentencing; (9) the right to restitution which shall be enforceable in the same manner as any other cause of action or as otherwise provided by law; and (10) the right to information about the arrest, conviction, sentence, imprisonment and release of the accused. The general assembly shall provide by law for the enforcement of this subsection. Nothing in this subsection or in any law enacted pursuant to this subsection shall be construed as creating a basis for vacating a conviction or ground for appellate relief in any criminal case.[1]

Amendments

  • Section 8 has been amended twice. The first of these was in 1982, and replaced the original text of Section 8 with what is now subsection a. The second, called the Victims' Rights Act, was approved by Connecticut voters in 1996, and added the text under subsection b.[1]

Original text

Original Text:

In all criminal prosecutions, the accused shall have a right to be heard by himself and by counsel; to be informed of the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his behalf; to be released on bail upon sufficient security, except in capital offenses, where the proof is evident or the presumption great; and in all prosecutions by indictment or information, to a speedy, public trial by an impartial jury. No person shall be compelled to give evidence against himself, nor be deprived of life, liberty or property without due process of law, nor shall excessive bail be required nor excessive fines imposed. No person shall be held to answer for any crime, punishable by death or life imprisonment, unless on a presentment or an indictment of a grand jury, except in the armed forces, or in the militia when in actual service in time of war or public danger.

Section 9

Text of Section 9:

No person shall be arrested, detained or punished, except in cases clearly warranted by law.[1]

Section 10

Text of Section 10:

All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.[1]

Section 11

Text of Section 11:

The property of no person shall be taken for public use, without just compensation therefore.[1]

Section 12

Text of Section 12:

The privileges of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it; nor in any case, but by the legislature.[1]

Section 13

Text of Section 13:

No person shall be attainted of treason or felony, by the legislature.[1]

Section 14

Text of Section 14:

The citizens have a right, in a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance.[1]

Section 15

Text of Section 15:

Every citizen has a right to bear arms in defense of himself and the state.[1]

Section 16

Text of Section 16:

The military shall, in all cases, and at all times, be in strict subordination to the civil power.[1]

Section 17

Text of Section 17:

No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.[1]

Section 18

Text of Section 18:

No hereditary emoluments, privileges or honors, shall ever be granted, or conferred in this state.[1]

Section 19

Text of Section 19:

The right of trial by jury shall remain inviolate, the number of such jurors, which shall not be less than six, to be established by law; but no person shall, for a capital offense, be tried by a jury of less than twelve jurors without his consent. In all civil and criminal actions tried by a jury, the parties shall have the right to challenge jurors peremptorily, the number of such challenges to be established by law. The right to question each juror individually by counsel shall be inviolate.[1]

Amendments

  • Section 19 was amended in 1972.[1]

Original text

Original Text:

The right of trial by jury shall remain inviolate.

Section 20

Text of Section 20:

No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his or her civil or political rights because of religion, race, color, ancestry, national origin, sex or physical or mental disability.[1]

Amendments

  • Section 20 has been amended twice: first in 1974, to forbid gender discrimination; again, in 1984, to forbid discrimination against the physically or mentally handicapped.[1]

Original text

Original Text:

No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his civil or political rights because of religion, race, color, ancestry or national origin.

See also

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External links

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Additional reading

References